SCHEDULES
C1C3SCHEDULE 2 HOUSING COSTS
Sch. 2 para. 4A applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(b) (with reg. 8)
Linking rule13
1
a
a person shall be treated as being in receipt of a jobseeker’s allowance during the following periods—
i
any period in respect of which it was subsequently held, on appeal or F14revision, that he was so entitled to a jobseeker’s allowance; and
ii
any period of 12 weeks or less F11or, as the case may be, 52 weeks or less, in respect of which he was not in receipt of a jobseeker’s allowance and which fell immediately between periods in respect of which F2...;
F37aa
he was, or was treated as being, in receipt of a jobseeker’s allowance,
bb
he was treated as entitled to a jobseeker’s allowance for the purposes of sub-paragraphs (5), (6) and (7), or
cc
(i) above applies;
b
a person shall be treated as not being in receipt of a jobseeker’s allowance during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently held on appealF12, revision or supersession that he was not so entitled;
c
where–
i
the claimant was a member of a couple or a polygamous marriage; and
ii
his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant; and
iii
the claimant is no longer a member of that couple or polygamous marriage; and
iv
the claimant made his claim for a jobseeker’s allowance within twelve weeks F7or, as the case may be, 52 weeks, of ceasing to be a member of that couple or polygamous marriage,
he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his former partner had been or had been treated, for the purposes of this Schedule, as having been;
d
where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks F22or, as the case may be, 52 weeks, of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;
F29dd
where the applicable amount of a member of a joint-claim couple was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks of the joint-claimant becoming a member of the joint-claim couple, the joint-claim couple shall be treated as having been in receipt of a jobseeker’s allowance for the same period as that member of the joint-claim couple had been treated, for the purposes of this Schedule, as having been;
e
where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant, and the claimant has begun to receive a jobseeker’s allowance as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;
F42ee
where the claimant—
i
is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii)F17, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) F16...F18or in the Flexible New Deal , in receipt of income-based jobseeker’s allowance and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and
ii
has, immediately after that participation in that programme, begun to receive income-based jobseeker’s allowance as a result of an election under regulation 4(3B) of the Claims and Payments Regulations by the members of the couple or polygamous marriage,
the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;
f
where–
i
the claimant was a member of a family of a person (not being a former partner) entitled to a jobseeker’s allowance and at least one other member of that family was a child or young person; and
ii
the claimant becomes a member of another family which includes that child or young person; and
iii
the claimant made his claim for a jobseeker’s allowance within 12 weeks F26or, as the case may be, 52 weeks, of the date on which the person entitled to a jobseeker’s allowance mentioned in head(i) above ceased to be so entitled,
the claimant shall be treated as being in receipt of a jobseeker’s allowance for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.
F62
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F432A
Where a joint-claim jobseeker’s allowance is payable to one member of a joint-claim couple in accordance with section 3B, both members of the couple shall be treated as receiving, or having received, a jobseeker’s allowance for the purpose of this paragraph.
2B
Where both joint-claimants claiming a jobseeker’s allowance in respect of themselves have not been in receipt of a jobseeker’s allowance for a period before they became a joint-claim couple, sub-paragraph (1) shall have effect in respect of that couple in relation to the period which is most favourable to the couple for the purposes of this Schedule.
F233
For the purposes of this Schedule, where a claimant has ceased to be entitled to a jobseeker’s allowance because he or his partner F27or, where a claimant is a member of a joint-claim couple, the other member of that couple is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section F4or under the Enterprise and New Towns (Scotland) Act 1990, he shall be treated as if he had been in receipt of a jobseeker’s allowance for the period during which he or his partner F27or, where a claimant is a member of a joint-claim couple, the other member of that couple was participating in such a course.
F83A
For the purposes of this Schedule, a claimant who has ceased to be entitled to a jobseeker’s allowance because—
a
that claimant or his partner F30or, where a claimant is a member of a joint-claim couple, the other member of that couple was participating in an employment programme specified in regulation 75(1)(a)(ii) F10in the Intensive Activity Period specified in regulation 75(1)(a)(iv) F39...F44or in an employment zone programmeF41or in the Flexible New Deal, and
b
4
4A
F3Where the appropriate amount of a loan exceeds the amount specified in paragraph 10(4), sub-paragraph (4) shall not apply except–
C2a
or the purposes of paragraph 6(1) or 7(1); or
b
where a person has ceased to be in receipt of a jobseeker’s allowance for a period of F31104 weeks or less because he or his partner is a welfare to work beneficiary.
5
For the purposes of this Schedule, sub-paragraph (6) applies where a person is not entitled to an income-based jobseeker’s allowance by reason only that he has—
a
capital exceeding F13£16,000; or
b
income F25equal to or exceeding the applicable amount which applies in his case; or
F35bb
a personal rate of contribution-based jobseeker’s allowance that is equal to, or exceeds, the applicable amount in his case; or
c
both capital exceeding F33£16,000 and income exceeding the applicable amount which applies in his case.
6
A person to whom sub-paragraph (5) applies shall be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks which comprises only days—
a
on which he is entitled to a contribution-based jobseeker’s allowance, statutory sick pay F36, incapacity benefit or contributory employment and support allowance; or
b
on which he is, although not entitled to any of the benefits mentioned in head (a) above, entitled to be credited with earnings equal to the lower earnings limit for the time being in force in accordance with F20regulation 8A or 8B of the Social Security (Credits) Regulations 1975.
7
Subject to sub-paragraph (8), a person to whom sub-paragraph (5) applies and who is either a person to whom regulation 13(4) applies (persons with caring responsibilities) or a lone parent shall, for the purposes of this Schedule, be treated as entitled to a jobseeker’s allowance throughout any period of not more than 39 weeks following the refusal of a claim for a jobseeker’s allowance made by or on behalf of that person.
8
Sub-paragraph (7) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—
a
is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;
b
is treated as not available for employment by virtue of regulation F4615(1)(a) (circumstances in which students are not treated as available for employment);
c
is temporarily absent from Great Britain, other than in the circumstances specified in regulation 50 (temporary absence from Great Britain).
9
In a case where–
a
sub-paragraphs (6) and (7) apply solely by virtue of sub-paragraph (5)(b), and
b
the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet any loan or payment which qualifies under paragraphs 14 to 16,
sub-paragraphs (6) and (7) shall have effect as if for the words “throughout any period of not more than 39 weeks" there are substituted the words “throughout any period that payments are made in accordance with the terms of the policy”
.
10
This sub-paragraph applies–
a
to a person who claims a jobseeker’s allowance, or in respect of whom a jobseeker’s allowance is claimed, and who—
i
received payments under a policy of insurance taken out to insure against loss of employment, and those payments are exhausted; and
ii
had a previous award of a jobseeker’s allowance where the applicable amount included an amount by way of housing costs; and
b
where the period in respect of which the previous award of a jobseeker’s allowance was payable ended not more than 26 weeks before the date the claim was made.
C4C7C611
Where sub-paragraph (10) applies, in determining–
a
for the purposes of paragraph 6(1) whether a person has been entitled to a jobseeker’s allowance for a continuous period of 26 weeks or more; or
b
for the purposes of paragraph 7(1) whether a claimant has been entitled to a jobseeker’s allowance for a continuous period of 39 weeks or more,
any week falling between the date of the termination of the previous award and the date of the new claim shall be ignored.
F512
F4013
For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii), the relevant period shall be—
a
52 weeks in the case of a person to whom sub-paragraph (14) applies;
b
subject to sub-paragraph (12), 12 weeks in any other case.
14
This sub-paragraph applies, subject to sub-paragraph (15), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to a jobseeker’s allowance because he or his partner or, where that person is a member of a joint-claim couple, the other member of that couple—
a
has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;
b
is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii); or
c
is participating in—
i
a New Deal option;
ii
an employment zone programme;
iii
the self-employment route, F38or
iv
the Intensive Activity Period specified in regulation 75(1)(a)(iv) F47...,
and, as a consequence, he or his partner was engaged in remunerative work or failed to satisfy the conditions specified in section 2(1)(c) or 3(1)(a) or the joint-claim couple of which he was a member failed to satisfy the condition in section 3A(1)(a).
C515
Sub-paragraph (14) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to an income-based jobseeker’s allowance or the joint-claim couple of which he was a member ceased to be entitled to a joint-claim jobseeker’s allowance, his housing costs were being met in accordance with paragraph 6(1)(a)F19, 6(1)(b) or 7(1)(a) or would have been so met but for any non-dependant deduction under paragraph 17.
F916
For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income-based jobseeker’s allowance in this Schedule shall be taken to include also a reference to state pension credit.
Sch. 2 para. 4A applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(a) (with regs. 3, 7)